Weppner v. Blue Cross of W. New York, Inc.

Full title: MARY WEPPNER et al., on Behalf of Themselves and All Others Similarly…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 22, 1990

162 A.D.2d 1011 (N.Y. App. Div. 1990)

Opinion

June 22, 1990

Appeal from the Supreme Court, Erie County, Rath, J.

Present — Doerr, J.P., Denman, Balio, Lawton and Lowery, JJ.

Order unanimously affirmed without costs for the reasons stated at Supreme Court, Erie County, Rath, J. Memorandum: We add only that plaintiffs have no right to reimbursement under the policy for that portion of nursing home expense not paid by Medicare and that defendant has no obligation to compensate plaintiffs for that care.